# The Care Tribunal Regulations (Northern Ireland) 2005, Regulation 11: Unless orders

Extent: N.I.

(1) The Chairman may at any time make an order to the effect that, unless the party to whom the order is addressed takes a step specified in the order within the period specified in the order, the case may be determined in favour of the other party.
(2) The Secretary shall give written notification of the order to the party to whom it is addressed and to the other party and shall inform him of the effect of paragraph (3).
(3) If a party fails to comply with an order addressed to him under this regulation, the Chairman may determine the case in favour of the other party.
(4) If, in the opinion of the Chairman, the party to whom an order referred to in paragraph (1) is addressed has acted unreasonably in failing to comply with an order addressed to him under this regulation, the Chairman may make an order for costs (“a costs order”) pursuant to regulation 25 requiring that party (“the paying party:) to make a payment to the other party (“the receiving party”) to cover costs incurred by the receiving party and, in such a case, the references in regulation 25 to “the Care Tribunal” shall have effect as if they were references to “the Chairman”.
(5) Where, in accordance with paragraph (3), the Chairman has determined the case in favour of the other party, the party to whom the order was addressed may apply to the Chairman (as the case may be), for that determination to be set aside.
(6) An application under paragraph (5) must –
(a) be made not later than 10 working days after the date upon which the notice of determination was sent to the party to whom the order was addressed; and
(b) must be in writing stating the grounds in full.
(7) In the case of an application under paragraph (5), the Chairman, may, if he considers that it is appropriate to do so, direct that the determination, and any costs order made pursuant to paragraph (4), be set aside and may give such directions in exercise of his powers under this Part as he considers appropriate.
(8) Before making a direction setting aside the determination, or any costs order, the Chairman may invite the parties to make representations on the matter within such period as he may direct.
(9) Where the determination, or any costs order, is set aside, the Secretary shall alter the relevant entry in the records.

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Source: https://www.legislation.gov.uk/nisr/2005/178/regulation/11 (the official version)
Page: https://openlegislation.uk/care-tribunal-regulations-northern-ireland-2005/regulation-11
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.